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To the Parties: You must complete the form "Response to Application for Payment of Fees and Costs of. Download Response to Child(ren)'s Counsel's Application for Payment of Attorney Fees and Costs (FM-1068) – Superior Court (Santa Clara County, CA) form.The child's counsel must be paid as follows: (1). You can make this request before you hire a lawyer. If you want attorneys fees for other divorce related proceedings you will have to include that request in separate pleadings. Who pays the lawyers and other case fees in a child custody battle? Is there a way to lower your costs – or get the other party to pay them? A retainer is a payment in advance. Your lawyer may ask you for a retainer to pay for: their services, as well as; expenses and costs in your case. Your court appointed attorney works for you.